The police officer in the car behind you has indicated that you should pull over to the side of the road. You do so. The officer asks you a series of questions. Wanting to be polite, you answer each and every one of them. In response, the officer states you are now being investigated for drunk driving. Surprise! It may have been something you said, and not the way you were driving that has now given the officer all the legal grounds necessary to suspect that you have been driving under the influence (DUI) and will need a Boulder DUI lawyer.
Wanting to appear cooperative and unworried, you agree to the police officer’s next request – that you exit the car and demonstrate sobriety by performing some physical tests. Surprise again! You have now voluntarily provided additional damaging evidence for the police officer to learn about you and to pass along to the prosecuting attorney to use against you.
Most people don’t know they don’t have to answer a police officer’s questions or agree to take DUI physical performance tests. The things people say and do around police officers enables prosecutors to enhance the strength of their cases. We all have constitutional rights and if we give them up in an attempt to appear friendly or agreeable, we do so at our own peril. Drivers can protect their legal rights by knowing what they can refuse to do and what they are obligated to comply with. The moment a police officer signals a car to pull over, he or she begins making observations about everything the driver says and does. A driver’s first words or actions can become detrimental evidence in the hands of a prosecutor. Motorists can reduce their risk of getting into trouble for DUI by knowing the following information:
PRIOR TO DRIVING
If drinking, do so in moderation and only while eating or immediately afterward. Full meals afford more protection than snacks. Avoid taking the types of over-the-counter and prescription medications that interact with alcohol or can induce impairment. Don’t drive after taking a prescription medication for the first time. Be aware that prescription medications can cause unlawful impairment. Motorists can be prosecuted for being under the influence of lawfully prescribed medications, even if not using any alcohol or illegal drugs.